‘There was an elephant in the court room’: Reflections on the role of Judge Sir Percy Spender (1897–1985) in theSouth West Africa Cases(1960–1966) after half a century

Abstract

AbstractThis article argues that theSouth West Africa Caseswere brought to an ignominious end because the cases were about self-determination as much as they were about apartheid. For liberals like Judge Sir Percy Spender, the President of the Court, political systems based on majority rule looked suspiciously like authoritarian regimes modelled on the Soviet Union during the Cold War. It is submitted that, given the controversy surrounding self-determination in international law, Sir Percy wanted to avoid addressing the merits of the cases. Self-determination was the proverbial ‘elephant in the court room’ that Sir Percy wanted to avoid at all costs. This article builds upon earlier archival research on theSouth West Africa Casesby taking a closer look at Sir Percy's role in the cases and his views on self-determination. It is argued that what ‘killed’ the cases was Sir Percy's belief that Ethiopia and Liberia were seeking to ‘legalize’ self-determination with a view to further uniting the Afro-Asian bloc at the United Nations with the Soviet Union against the West.